When a statute prescribes the manner in
which power has to be exercised, the power must be exercised in that manner
alone. Exercise of power in utter violation of mandatory procedure laid down in
rules framed under the Act, held, cannot be regarded as an"act" done in personal
or execution or intended execution of the Act". [J..
N.Ganatra vs. Morvi. AIR 1996 SC 2520= (1996) 9 SCC 495]
When principles of natural justice
require an opportunity to be heard before adverse order is passed on any appeal
or application, it does not in all circumstances mean a personal hearing. But
any order passed after taking into consideration the points raised in the appeal
or the application shall not be held to be invalid merely on the ground that no
personal hearing had been afforded [Union of India vs. M/s. Jesus Sales Corporation - JT 1996(3) SC 59
= AIR 1996 SC 1509]